Understanding The South Carolina DUI Process
When you get charged for DUI, the legal process can be long and time consuming. Depending on the ability of the lawyer you hired, the end result could either be dismissal or you will be charged for a lesser offense such as reckless driving. For a not guilty plea, and if there is no deal from the prosecutor, trial usually commences.
According to the website of Truslow & Trsulow, Attorneys at Law, a DUI charge can be life changing. It is usually associated with criminal and administrative offenses. The DUI trial usually starts with the implied consent hearing. In this stage, the license of the driver may be immediately suspended due to their refusal to be subjected to a chemical test or have a BAC level of more than 0.15%,.
After the implied consent hearing, bench trail starts. In this stage, you will be facing a judge and will plead either guilty or not guilty. As the accused, you have a right to a jury trial. The judge will then set the date of the trial and will select the juries for the case.
Prior to the start of the trial, you will then need to gather evidence to prove your innocence. This could be the police report, CCTV footage if any, in-car video, and others. The testimony of the police man who flagged you can be vital in the decision of the case. You may also want to challenge the validity of the BAC readings, and others.
During the trial, it is best to avoid getting another DUI offense as this could have an impact on the decision of the court. It will be much easier for the prosecution to pin you down for DUI because you committed another offense. During the trial, there will be the presentation of evidence and witnesses. Both sides will be given the chance to cross examine witnesses. If there is no settlement, the process usually ends with the verdict.